THE OFFICIAL GAZETTE [Lecat SuppLEMENT]
A.D. 2018]
A
13 AUGUST, 2018
303
CYBERCRIME ACT 2018
Disclosure of traffic
data order.
—
[No. 16
33. A Judge, if satisfied on an ex parte application by a police officer
of the rank of Superintendent or above that there are reasonable grounds to
believe that traffic data stored in a computer system or an electronic data
storage
medium
is reasonably
required
for
the
purpose
of
a
criminal
investigation, under this Act or any other law, into a communication,
may
make an order requiring a person to disclose sufficient traffic data about the
communication to identify —
(a) the service provider; or
(b) the path,
through which the communication was transmitted.
Confidentiality of
order.
34. (1)
A person who is the subject of an order under section 31, 32 or
33 shall keep confidential(a)
the fact that an order has been made;
(b)
the details of an order;
(c)
anything done pursuant to an order; or
(d) any electronic data collected or recorded pursuant to an order.
(2)
A
person
who
intentionally
and
without
lawful
excuse
or
justification fails to comply with subsection (1) commits an offence and is
liable on
summary
conviction to a fine of five million dollars and to
imprisonment for three years.
Prohibition of
disclosures.
;
35. (1) Except
;
as provided
.
in subsection (2), a person shall not
;
;
;
disclose or deliver electronic data, traffic data or subscriber information or
any other information acquired in the course of their duties under this Act to
any other person.
(2) The provisions under subsection (1) shall not apply to any actions
between a service provider and any other person permitted under any law, or
performed
for the benefit of investigating or prosecuting a person who has
committed an offence under this Act.
(3)
Any person who violates subsection (1) commits an offence and
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